Arshad Mirja And Ors vs State Of Rajasthan

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This Court perused the material available on record.

The petitioners have been arrested in FIR No.304/2020 of Police Station Salumbar, District Udaipur for the offences punishable under Sections 147,

148, 323 and 307/149 IPC. They have preferred these bail applications under Section 439 Cr.P.C.

Mr. Mridul Jain, Mr. Shambhoo Singh Rathore and Mr. Firoz Khan, learned counsels representing the accused-petitioners, through video call, have

drawn the attention of this Court towards the statement of injured witness Sohan Lal rendered under Section 161 Cr.P.C. As per learned counsels for

the petitioners, the said statement under Section 161 Cr.P.C. of the injured witness reflects that the main injuries have been attributed to Mohd. Adil,

Mohd. Irfan and Safinuddin Sheikh.

Learned counsel for the petitioners also submit that names of petitioners, namely, Arshad Mirja, Arshad Rza and Jahanullah Khan @ Bhaiya are not

even there in the FIR.

However, thereafter, Mr. Shambhoo Singh Rathore, learned counsel for petitioner-Irfan s/o Shri Samshad Mohd. does not wish to press S.B. Criminal

Miscellaneous Bail Application No. 14888/2020 at this stage, but seeks liberty for petitioner-Irfan to file fresh bail application after framing of charges.

Learned Public Prosecutor as well as learned counsel for the respondent/complainant oppose the bail applications.

Having regard to the totality of the facts and circumstances of the case as also the fact that conclusion of the proceedings is likely to take some time,

but without expressing any opinion on the merits of the case, this Court deems it just and proper to grant bail to accused petitioners Arshad Mirja,

Arshad Rza and Jahanullah Khan @ Bhaiya under Section 439 Cr.P.C.

Accordingly, S.B. Criminal Miscellaneous Bail Application No. 14888/2020 filed on behalf of accused-petitioner Irfan s/o Shri Samshad Mohd. under

Section 439 Cr.P.C. is dismissed as not pressed at this stage, with liberty as sought for. However, the bail applications filed on behalf of accused-

petitioners Arshad Mirja (S.B. Criminal Miscellaneous Bail Application No. 14890/2020), Arshad Rza (S.B. Criminal Miscellaneous Bail Application

No. 14663/2020) and Jahanullah Khan @ Bhaiya (S.B. Criminal Miscellaneous Bail Application No. 15075/2020) under Section 439 Cr.P.C. are

allowed and it is directed that petitioners (1) Arshad Mirja S/o Shri Shahid Beg, (2) Arshad Rza S/o Basharat Khan and (3) Jahanullah Khan @

Bhaiya S/o Sh. Attaullah Khan shall be released on bail in connection with FIR No.304/2020 of Police Station Salumbar, District Udaipur provided

each of them execute a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned

trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.